Mental Hygiene Law…cont

Additionally, this court is disturbed by R.K.’s reference to the fact that he was essentially auditioning for the role of guardian when he was called to M.F.’s office to meet with the person and his family. That there may have been a certain amount of acting involved in that meeting is a great possibility and further firmly establishes to this court the fact that an independent guardian should be appointed for the person and not an individual he met through his personal injury attorney who very well might have a monetary stake in the outcome of the litigation.

Accordingly, this court hereby appoints D.L., Esq., with offices located at Grand Concourse, Bronx, New York 10451, as the guardian of the property of the person for a limited duration. D.L.’s powers are limited to assisting the person in the personal injury litigation and limited to the duration of the litigation. However, the guardianship can be extended beyond the duration of the personal injury litigation upon good cause shown.

These powers constitute the least restrictive form of intervention consistent with the person’s functional limitations.

Parenthetically, this decision in no way constitutes an evidentiary ruling in the event that the Noseworthy doctrine (Noseworthy v. City of New York, 298 NY 76 (1948)) becomes an issue at the trial. Whether to reduce the burden of proof due to this brain injury will rest solely within the sound discretion of the trial judge.

The bond that is normally required pursuant to Mental Hygiene Law §81.25, is hereby waived as the guardian will not be managing any of the person’s assets.

The guardian shall file an interim report and annual report, in accordance with Mental Hygiene Law §§81.30 and 81.31, with the Guardianship Department of Bronx County, 851 Grand Concourse, Bronx, New York. Failure to file said reports may result in the removal of the guardian.

Petitioner is directed to submit an order and judgment on notice, along with a copy of this decision, in accordance with Mental Hygiene Law §81.16( c) and the guardian is directed to file his designation in accordance with Mental Hygiene Law §81.26. Said order and judgment shall be submitted in a timely fashion due to the exigency of these